An applicant that has been certified by the Department as a CBE in one or more areas may expand the areas in which it is certified by submitting to the Department a completed application for an upgrade. Each application for an upgrade shall comply with the requirements of this chapter and shall be accompanied by documentation indicating the applicant's qualifications, expertise, and/or resources which justify the upgrade.

1. (a) With respect to each category of construction and non-construction services for which an applicant seeks certification, the applicant shall demonstrate that the applicant has the expertise, personnel, facilities, equipment, and experience to perform the services on an on-going basis.
2. (b) With respect to SBEs as suppliers of goods and equipment, the applicant shall submit evidence that the applicant is a manufacturer of or regular dealer in such goods.
3. (1) In order to qualify as a manufacturer, an applicant shall own or lease on a regular basis an establishment that produces on the premises the materials, supplies, articles or equipment of the character in which the applicant claims to be a manufacturer; but the term does not include a business which performs only minimal operations on or minimal assembly of the items being produced.
4. (2) In order to qualify as a regular dealer under this section, an applicant shall meet the following minimum eligibility requirements:
   1. (A) Maintain an establishment in which materials, supplies, articles, or equipment of the character in which the applicant claims to be a regular dealer are bought, kept in stock, and sold to customers on a recurring basis in the usual course of business; and
   2. (B) Demonstrate that its business is an established and on-going entity regularly dealing in the particular materials, supplies, articles, or equipment of the character offered in the District of Columbia.
5. (3) In making the determination whether the applicant is a regular dealer, the Department shall consider the following factors:

(A) Whether the applicant has performed the particular services for a client in the course of its business in the one-year period prior to the application date;

(B) If the applicant is newly providing this type of service, whether the applicant has made plans and committed resources to performing the particular services for clients; or

(C) The customary practice in the industry.

SOURCE: Final Rulemaking published at 39 DCR 9052 (December 4, 1992); as amended by Final Rulemaking published at 56 DCR 8439 (October 23, 2009), incorporating by reference text of Proposed Rulemaking published at 56 DCR 5622, 5629 (July 10, 2009).